Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed ...
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Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This book asks whether the legal distinction between international and non-international armed conflicts remains viable or whether international law should move to maintain its consonance with the situations it seeks to regulate by developing a unified legal regime applicable in all armed conflicts. There is considerable precedent to support moves towards the elimination of the legal distinction between international and non-international armed conflicts. This book argues that IHL, a law which has, as one of its primary aims, the protection of the person in times of armed conflict, should not distinguish between types of armed conflict, specifically in how the law treats the vulnerable in times of armed conflict – those hors de combat due to illness and injury, and those deprived of their liberty through capture or surrenderLess

The Treatment of Combatants and Insurgents under the Law of Armed Conflict

Emily Crawford

Published in print: 2010-01-14

Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This book asks whether the legal distinction between international and non-international armed conflicts remains viable or whether international law should move to maintain its consonance with the situations it seeks to regulate by developing a unified legal regime applicable in all armed conflicts. There is considerable precedent to support moves towards the elimination of the legal distinction between international and non-international armed conflicts. This book argues that IHL, a law which has, as one of its primary aims, the protection of the person in times of armed conflict, should not distinguish between types of armed conflict, specifically in how the law treats the vulnerable in times of armed conflict – those hors de combat due to illness and injury, and those deprived of their liberty through capture or surrender

This book examines how the United Kingdom government went about protecting the interests, lives, and well‐being of its prisoners of war (POWs) in Nazi Germany between 1939 and 1945. The comparatively ...
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This book examines how the United Kingdom government went about protecting the interests, lives, and well‐being of its prisoners of war (POWs) in Nazi Germany between 1939 and 1945. The comparatively good treatment of British prisoners in Germany has largely been explained by historians in terms of rational self‐interest, reciprocity, and influence of Nazi racism, which accorded Anglo‐Saxon servicemen a higher status than other categories of POWs. By contrast, this book offers a more nuanced picture of Anglo‐German relations and the politics of prisoners of war. Based on British, German, United States, and Swiss sources, it argues that German benevolence towards British POWs stemmed from London's success in working through neutral intermediaries, notably its protecting power (the United States and Switzerland) and the International Committee of the Red Cross, to promote German compliance with the 1929 Geneva convention, and building and sustaining a relationship with the German government that was capable of withstanding the corrosive effects of five years of warfare. It expands our understanding of both the formulation and execution of POW policy in both capitals, and sheds new light on the dynamics in inter‐belligerent relations during the war. It suggests that, while the Second World War should be rightly acknowledged as a conflict in which traditional constraints were routinely abandoned in the pursuit of political, strategic, or ideological goals, in this important area of Anglo‐German relations, customary international norms were both resilient and effective.Less

Barbed Wire Diplomacy : Britain, Germany, and the Politics of Prisoners of War 1939-1945

Neville Wylie

Published in print: 2010-04-01

This book examines how the United Kingdom government went about protecting the interests, lives, and well‐being of its prisoners of war (POWs) in Nazi Germany between 1939 and 1945. The comparatively good treatment of British prisoners in Germany has largely been explained by historians in terms of rational self‐interest, reciprocity, and influence of Nazi racism, which accorded Anglo‐Saxon servicemen a higher status than other categories of POWs. By contrast, this book offers a more nuanced picture of Anglo‐German relations and the politics of prisoners of war. Based on British, German, United States, and Swiss sources, it argues that German benevolence towards British POWs stemmed from London's success in working through neutral intermediaries, notably its protecting power (the United States and Switzerland) and the International Committee of the Red Cross, to promote German compliance with the 1929 Geneva convention, and building and sustaining a relationship with the German government that was capable of withstanding the corrosive effects of five years of warfare. It expands our understanding of both the formulation and execution of POW policy in both capitals, and sheds new light on the dynamics in inter‐belligerent relations during the war. It suggests that, while the Second World War should be rightly acknowledged as a conflict in which traditional constraints were routinely abandoned in the pursuit of political, strategic, or ideological goals, in this important area of Anglo‐German relations, customary international norms were both resilient and effective.

This chapter charts the evolution of the western European prisoner of war ‘regime’. It shows how Britain's experience of captivity during the Great War contributed to the development of a ...
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This chapter charts the evolution of the western European prisoner of war ‘regime’. It shows how Britain's experience of captivity during the Great War contributed to the development of a distinctively benign view on the issue of captivity, both within military and government circles and within society at large. It examines the part played by the United Kingdom government in drafting the 1929 Geneva Convention for POWs, and shows how closely the resultant POW regime reflected British interests and experience.Less

Building the Interwar POW Regime

Neville Wylie

Published in print: 2010-04-01

This chapter charts the evolution of the western European prisoner of war ‘regime’. It shows how Britain's experience of captivity during the Great War contributed to the development of a distinctively benign view on the issue of captivity, both within military and government circles and within society at large. It examines the part played by the United Kingdom government in drafting the 1929 Geneva Convention for POWs, and shows how closely the resultant POW regime reflected British interests and experience.

This chapter traces British policy towards POWs from the start of the war until the end of 1941, and highlights the steps taken to encourage German compliance with the POW regime. The development of ...
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This chapter traces British policy towards POWs from the start of the war until the end of 1941, and highlights the steps taken to encourage German compliance with the POW regime. The development of a consistent policy towards its POWs was frequently compromised by Winston Churchill's refusal to place the prisoners' humanitarian interests before the country's strategic and military objectives. The problem was exacerbated by the lack of care and attention paid by those in power to Britain's own responsibilities as a detaining power. Notwithstanding these difficulties and the outbreak of Hitler's ideological war of annihilation against the Soviet Union in July 1941, substantial progress had been made towards forging an effective working relationship with the German regime over the treatment of POWs. The sense of stability that had developed by the autumn of 1941 was thrown into doubt by Adolf Hitler's last‐minute refusal to countenance the repatriation of British sick and wounded POWs in October 1941, an act which called into question Germany's long‐term commitment to cooperative relations with the British government.Less

POWs and Anglo–German Relations, 1939–1941

Neville Wylie

Published in print: 2010-04-01

This chapter traces British policy towards POWs from the start of the war until the end of 1941, and highlights the steps taken to encourage German compliance with the POW regime. The development of a consistent policy towards its POWs was frequently compromised by Winston Churchill's refusal to place the prisoners' humanitarian interests before the country's strategic and military objectives. The problem was exacerbated by the lack of care and attention paid by those in power to Britain's own responsibilities as a detaining power. Notwithstanding these difficulties and the outbreak of Hitler's ideological war of annihilation against the Soviet Union in July 1941, substantial progress had been made towards forging an effective working relationship with the German regime over the treatment of POWs. The sense of stability that had developed by the autumn of 1941 was thrown into doubt by Adolf Hitler's last‐minute refusal to countenance the repatriation of British sick and wounded POWs in October 1941, an act which called into question Germany's long‐term commitment to cooperative relations with the British government.

This chapter addresses the ‘parcels crisis’ of 1940–41 and shows how the collapse of the supply of relief parcels to German POW camps after the fall of France galvanized the prisoners and their ...
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This chapter addresses the ‘parcels crisis’ of 1940–41 and shows how the collapse of the supply of relief parcels to German POW camps after the fall of France galvanized the prisoners and their supporters in the United Kingdom and expatriate communities abroad into seizing the initiative and demanding a more responsive attitude from both the government and the Joint War Organization (JWO) of the British Red Cross Society and Order of St John of Jerusalem. The crisis transformed POW wellbeing into an issue of domestic political importance, and gave rise to a powerful POW lobby group within parliament and the country at large. It also forced the government to override the independence of the JWO and assume greater responsibility for POW wellbeing and Britain's relations with the International Committee of the Red Cross (ICRC).Less

The Amateurs Try their Hand : The Provision of Relief Parcels, 1940–1941

Neville Wylie

Published in print: 2010-04-01

This chapter addresses the ‘parcels crisis’ of 1940–41 and shows how the collapse of the supply of relief parcels to German POW camps after the fall of France galvanized the prisoners and their supporters in the United Kingdom and expatriate communities abroad into seizing the initiative and demanding a more responsive attitude from both the government and the Joint War Organization (JWO) of the British Red Cross Society and Order of St John of Jerusalem. The crisis transformed POW wellbeing into an issue of domestic political importance, and gave rise to a powerful POW lobby group within parliament and the country at large. It also forced the government to override the independence of the JWO and assume greater responsibility for POW wellbeing and Britain's relations with the International Committee of the Red Cross (ICRC).

This chapter charts the decline in Anglo‐German POW relations from late 1941 until December 1942. It shows how mutual confidence diminished under the pressure of events, on and off the battlefield, ...
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This chapter charts the decline in Anglo‐German POW relations from late 1941 until December 1942. It shows how mutual confidence diminished under the pressure of events, on and off the battlefield, in Europe and the Far East, and how authorities on both sides came to adopt a more restrictive attitude towards their reciprocal relations. The chapter closes with a discussion of the ‘shackling crisis’ of late 1942 and demonstrates how, contrary to perceived wisdom, Churchill's determination to match German reprisals, while failing to bring the crisis to a satisfactory conclusion, had a salutary effect on German attitudes towards the POW regime. Though the level of cooperation declined, both sides remained conscious of the value of the POW regime and were prepared to coordinate their behaviour for mutual benefit when required.Less

The POW Regime, October 1941–December 1942 : From ‘Cooperation’ to ‘Coordination’

Neville Wylie

Published in print: 2010-04-01

This chapter charts the decline in Anglo‐German POW relations from late 1941 until December 1942. It shows how mutual confidence diminished under the pressure of events, on and off the battlefield, in Europe and the Far East, and how authorities on both sides came to adopt a more restrictive attitude towards their reciprocal relations. The chapter closes with a discussion of the ‘shackling crisis’ of late 1942 and demonstrates how, contrary to perceived wisdom, Churchill's determination to match German reprisals, while failing to bring the crisis to a satisfactory conclusion, had a salutary effect on German attitudes towards the POW regime. Though the level of cooperation declined, both sides remained conscious of the value of the POW regime and were prepared to coordinate their behaviour for mutual benefit when required.

This introductory chapter surveys the current literature on British prisoners of war in Germany during the Second World War and the state of the archival sources. It also highlights some of the core ...
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This introductory chapter surveys the current literature on British prisoners of war in Germany during the Second World War and the state of the archival sources. It also highlights some of the core themes that will be developed in subsequent chapters: the domestic political context within which POW policy was made in London, notably the existence of an attentive lobby group in the form of the prisoners' next‐of‐kin, the Dominion governments' influence over UK policy‐making, the way in which POW issues fed into Britain's broader political relationship with the German government, and finally the particularities of inter‐belligerent ‘POW diplomacy’ and the key role played by neutral intermediaries.Less

Introduction

Neville Wylie

Published in print: 2010-04-01

This introductory chapter surveys the current literature on British prisoners of war in Germany during the Second World War and the state of the archival sources. It also highlights some of the core themes that will be developed in subsequent chapters: the domestic political context within which POW policy was made in London, notably the existence of an attentive lobby group in the form of the prisoners' next‐of‐kin, the Dominion governments' influence over UK policy‐making, the way in which POW issues fed into Britain's broader political relationship with the German government, and finally the particularities of inter‐belligerent ‘POW diplomacy’ and the key role played by neutral intermediaries.

This chapter examines the nature of POW and combatant status, exploring the origins and historical evolution of combatant/POW status. The chapter looks at what combatant/POW status comprises, that ...
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This chapter examines the nature of POW and combatant status, exploring the origins and historical evolution of combatant/POW status. The chapter looks at what combatant/POW status comprises, that is, what rules and responsibilities the status entails. The chapter looks at why the status is important, and what consequences result from denial or loss of combatant/POW designation. Finally, this chapter also examines why combatant/POW status is denied to participants in non-international armed conflicts.Less

Combatant Status and Prisoner of War Protections

Emily Crawford

Published in print: 2010-01-14

This chapter examines the nature of POW and combatant status, exploring the origins and historical evolution of combatant/POW status. The chapter looks at what combatant/POW status comprises, that is, what rules and responsibilities the status entails. The chapter looks at why the status is important, and what consequences result from denial or loss of combatant/POW designation. Finally, this chapter also examines why combatant/POW status is denied to participants in non-international armed conflicts.

This chapter examines the critical perspectives on the insularity of Britain at war which were achieved in wartime writings by and about prisoners of war in Europe. Stories of daring escape, rather ...
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This chapter examines the critical perspectives on the insularity of Britain at war which were achieved in wartime writings by and about prisoners of war in Europe. Stories of daring escape, rather than re-educative confinement, were predominant in immediately post-war culture, but it is argued that these forms of remembrance were determined in part by the wartime symbols and concepts.Less

‘We're all Prisoners of War’

Mark Rawlinson

Published in print: 2000-04-27

This chapter examines the critical perspectives on the insularity of Britain at war which were achieved in wartime writings by and about prisoners of war in Europe. Stories of daring escape, rather than re-educative confinement, were predominant in immediately post-war culture, but it is argued that these forms of remembrance were determined in part by the wartime symbols and concepts.

This chapter compares the scope and interpretation of the provisions of Geneva Convention III relating to prisoners of war, and sees whether the law of non-international armed conflicts includes ...
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This chapter compares the scope and interpretation of the provisions of Geneva Convention III relating to prisoners of war, and sees whether the law of non-international armed conflicts includes equivalent provisions. In doing so, this chapter demonstrates that the bulk of the POW rights and protections of Convention III can be found in the law of non-international armed conflict.Less

Emily Crawford

Published in print: 2010-01-14

This chapter compares the scope and interpretation of the provisions of Geneva Convention III relating to prisoners of war, and sees whether the law of non-international armed conflicts includes equivalent provisions. In doing so, this chapter demonstrates that the bulk of the POW rights and protections of Convention III can be found in the law of non-international armed conflict.